HomeMy WebLinkAbout820591.tiff RESOLUTION
RE: APPROVAL OF AGREEMENT TO PROVIDE LAW ENFORCEMENT PROTECTION
BETWEEN THE TOWN OF KEENESBURG AND WELD COUNTY, COLORADO,
AND AUTHORIZATION FOR CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Town of Keenesburg wishes to use the services
of the Weld County Sheriff, and
WHEREAS, an agreement to provide law enforcement protection
within the corporate limits of said municipality, the Town of
Keenesburg, and Weld County, Colorado has been presented to the
Board of County Commissioners for approval, a copy being attached
hereto and incorporated herein by reference, and
WHEREAS, said law enforcement agreement shall be effective
from October 30, 1982 , through October 31,1982, and
WHEREAS, the Board deems it advisable to approve said law
enforcement agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the agreement to pro-
vide law enforcement protection between the Town of Keenesburg
and Weld County, Colorado be, and hereby is , approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be,
and hereby is, authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 25th day of
October, A.D. , 1982.
‘lh / BOARD OF COUNTY COMMISSIONERS
ATTEST: a� � °nQ F� WELD COUNTY, COLOR"A.,DO
Weld County Clerk and Recorder � .; )l>771x z,
and -Clerk to the Board Jo Martin rman
( ��
By,
'Deputy County Clerk Car son, ro-Tem
APPROVED AS TO FORM: ,
Norman Carlson
IC-7k12"171-4-7 CC-7—LIC L ev
County Attorney W. Kirby
ne K. Ste nmark
820591
DATE PRESENTED: October 25, 1982
LAW ENFORCEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 25th_ day of October >
19 82 , by and between the County of Weld and the Weld County Sheriff, herein-
after referred to as "county" , and the Town of Keenesburg, hereinafter referred
to as the "municipality" :
WHEREAS, the municipality is desirous of entering into a contract with
the county for the performance of hereinafter described law enforcement
protection within the corporate limits of said municipality through the
County Sheriff, and
WHEREAS, the county is agreeable to rendering such services and protection
on the terms and conditions hereinafter set forth, and
WHEREAS, such contracts are authorized and provided for by the provisions
of 29-1-203, Colorado Revised Statutes as Amended, 1973, and so provided for
by the Weld County Home Rule Charter, Section 2-3,
NOW, THEREFORE, pursuant to the terms of the aforesaid statute and Weld
County Home Rule Charter, it is agreed as follows :
1. That the county, by way of the Sheriff, shall provide police protection
within the corporate limits of the municipality to the extent and a manner so
hereinafter set forth:
a. Such services shall incompass only duties and functions of the type
coming within the jurisdiction of the Weld County Sheriff pursuant to Colorado
Laws and Statutes.
b. The standard level of service provided shall be the same basic
level of service which is provided for the unincorporated areas of similar
population density in Weld County, subject to the good faith discretion of the
Sheriff in consideration of emergency or unexpected law enforcement needs else-
where in Weld County, The Weld County Sheriff will provide, as part of the
agreement, a basic level of nine (9) hours of directly committed patrol service
and an unspecified amount of indirect patrol service at the same basic level
of service which is provided for the unincorporated areas of similar population
density in Weld County. Total hours and exact times of directly committed patrol
service may be modified as required by the Mayor to insure no set trend is
established that would defeat crime prevention aspects of the patrol service.
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c. The specific services provided to the municipality by the Sheriff
will include the following:
1. General traffic violation enforcement where applicable under Chapter 42,
of the Colorado Revised Statues
2. Investigation of traffic accidents
3. Business checks after hours
4. Professional investigation of criminal offenses
5. Both in-house forensic laboratory support and proper use of the Colorado
Bureau of Investigation lab when required
6. Maintenance and proper handling of all evidence related to criminal activity
7. Use of mobile crime laboratory with professional crime scene technicians
when required
d. The rendition of services , in terms of the standard of
of performance, the discipline of the officers , and other matters incident to
the performance of such services and control of personnel so employed, shall at
all times be, and exclusively remain, vested in the Sheriff and not in the
municipality or any officer or agent_ thereof. Deputies assigned by the Sheriff
to provide directly committed patrol service shall be, in terms of overall per-
formance as evaluated by the Sheriff in accordance with county or Sheriff's
Office procedure, consistant with the average representative performance of
deputies providing service in unincorporated areas of the county.
e. Such services shall include the enforcement of Colorado State
Statutes and Laws. All citations written for Statute or Law violations will
command the violator to appear before the Weld County Court. The Sheriff will
not enforce any municipal code violations which are not of the same type and
nature as Colorado State Laws and Statutes.
2. That the Sheriff shall have full cooperation from the municipality,
its officers, agents , and employees , so as to facilitate the performance of
this agreement.
3. The county shall furnish and supply all labor, supervision, equipment,
communications facilities for dispatching, cost of jail detention and booking,
and all supplies necessary to maintain the level of service to be rendered
herein.
4. The municipality shall not be liable for the direct payment of any
salaries , wages , or other compensation to any personnel performing services
herein for said county.
5. The county agrees, at its own expense, to procure adequate insurance
against and to indemnify, defend and hold the municipality harmless against any
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and all the following types of claims :
a. Claims by an county employee for compensation, fringe benefits
of any kind whatever (including without limitation pension rights or payments ,
insurance of any kind, reimbursement of medical expenses , vacation pay, sick
leave, or sick pay) or indemnification for tort claim damages or similar claims
for damages (e.g. , section 1983 claims) .
b. Claims by any other party for damages for any alleged unlawful act
or omission, negligent or willful , on the part of any county employee acting
pursuant to this agreement.
6. The county, Sheriff, his officers , and employees shall not be deemed to
assume any kind of liability for intentional or negligent acts of said munici-
pality or any officer, agent, or employee thereof.
7. This agreement shall be effective from October 30th, 1982 through
October 31st, 1982.
8. The municipality agrees to pay the county for services to be rendered
under this agreement at the rate of $14.28 per hour for directly committed
patrol . The municipality will not be required to pay the county for time used
by back-up officers or any other additional personnel required to provide
complete law enforcement services or for and direct patrol service.
9. Within seven (7) working days following the last day of the calendar
month, the Sheriff will provide a bill to the municipality supported by in-
voices for directly committed patrol services.
10. The municipality hereby agrees to pay, in arrears, on or before the
30th day of the month following the month for which services are billed.
11. For the purpose of enhancing the effectiveness of law enforcement
in the municipality, one (1) member of the municipal town board shall be
designated by the Mayor to act as a liaison between the municipality and
the Weld County Sheriff's Office. It shall be the purpose of the liaison
designee to forward all complaints or problems from the municipality in
relation to the agreement herein to the Sheriff or his designee and that the
Sheriff is responsible directly to the municipality for maximization of
effective communication. The Sheriff, or his representative, will make all
reasonable efforts to respond to existing complaints and/or problems and
promptly take steps to improve the situation.
IN WITNESS THEREOF, the municipality, by resolution duly adopted by its
governing body, cause this agreement to be signed by its Mayor and attested
by its clerk, and the County of Weld, by the Board of County Commissioners
has caused these presents to be subscribed by the Weld County Sheriff and the
Chairperson of said board and the seal of said board to be affixed thereto
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and attested by the clerk of said board, all in the day and year first
above written.
TOWN OF KEENESBURG
id-444.-6,711 ---/-n/2
M yor
Attest:
1.1 y, .! 's R-- ,-/L/! 4./�
Clerk to the Town/Board O
BOARD OF COUNTY COMMISSIONERS
C, ai rman
Attest: `/rf1Q,t.t� 1t.,, ,-re w, I ,.,ti./
Clerk, Board of County Commissioners
WELD COUNTY SHERIFF'S OFFICE
Sheriff
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